slavery was not contrary to English law, and that as the common law of England applied at the time to Antigua, that slavery was not unlawful in Antigua. At this time the cases in which the English courts had recognised property in slaves had arisen from purely commercial disputes and did not establish any rights exercisable as against the slaves themselves, if the slave was within the jurisdiction. As with villeins centuries before, the analogy with chattels (as between putative owners) failed to answer the leading question whether slaves could establish their freedom by bringing suit in the courts (as between slave and owner). The writ de homine replegiando was outmoded, and so the usual eighteenth-century question was whether habeas corpus lay to free slaves from captivity. Sir William Blackstone was in no doubt that "the spirit of liberty is so deeply ingrained in our constitution" that a slave, the moment he lands in England, is free. Other prominent lawyers, such as Lord Hardwicke and Lord Mansfield, felt that it was better to recognise slavery, and to impose regulation on the slave trade rather than to withdraw from it, since less enlightened nations would reap the benefits of abolition and slaves would suffer the consequences. The "infidel" argument for maintaining African slaves as chattels was abandoned in the middle of the 18th century, since by then many slaves had been converted to Christianity without gaining de facto freedom; and legal justifications for slave ownership were now sought by analogy with the old law of villeinage. Shanley v Harvey In Shanley v Harvey (1763) 2 Eden 126, a claim was instituted by Shanley as administrator of the estate of his deceased niece. Shanley had brought Harvey as a child slave, to England, 12 years earlier and had given him to his niece. She had him baptised and had changed his name. She became very ill and about an hour before her death, she gave Harvey about £800 in cash (a substantial sum in those days), asked him to pay the butcher's bill and to make good use of the money. After her death, Shanley brought an action against Harvey to recover the money. Lord Henley, the Lord Chancellor, dismissed the action, with costs against Shanley. In his judgment he held that as soon as a person set foot on English soil, he or she became free and that a "negro" might